HIRALAL CHOUDHURY Vs. STATE OF ASSAM

JUDGEMENT

(1.) These cases pertain to admission of students into the State quota seats (85%) for the MBBS/BDS course in the medical/dental colleges of Assam. The common grievance of all the petitioners is their disqualification since they studied from Class-VI to X at schools, outside of Assam. The admissions are regulated by the Medical Colleges of Assam and Regional Dental College, Guwahati (Regulation of Admission into 1st Year MBBS/BDS Courses) Rules, 2015 (hereinafter referred to as the "2015 Rules") and substitution of Rule 3(1)(c), by the amendment notification of 30.01.2016, has led to deprivation of the petitioners. Therefore, the candidates who secured high ranks in the 2016 entrance test, have questioned the legal validity of the amended provision by raising common contentions.

(2.) Heard the learned Sr. counsel Mr. A. Dasgupta and Mr. H.R.A. Choudhury and the learned advocate Mr. U. Dutta, who made submission for the petitioners in this series. Mr. D. Saikia, the learned Addl. Advocate General argues for the State respondents. The Dibrugarh University who conducted the entrance test is represented by Mr. N.C. Das, the learned Sr. counsel.

(3.) 1. The WP(C) No.4904/2016 is filed by the father of the candidate Luit Raj Choud-hury, who appeared in the medical entrance test and secured the 395 rank (Annexure-J), as per the result notified by the Dibrugarh University. The counseling for this OBC category candidate with the Roll No. 201090 was scheduled on 28.08.2016, under the educational notice dated 8.8.2016. But because of the eligibility criteria specified under the amended Rule 3(1)(c) of the 2015 Rules, brought into effect from 30.01.2016 (Annexure-K), the applicant, who studied in a Andhra Pradesh school, is disqualified for admission, against the 85% state quota seats.